Can you claim child support on your taxes?

What if the divorce decree did not state who can claim the kid on taxes and i pay child support can i claim?

  • my ex never work i pay $ 300 a month plus 400 medical expenses ,our divorce did not state who can claim the kids i have been doing it ever since they were born now when i went to claim them someone already claim them and i know its not her cause she does not work and were in court now on custody battle cause our divorce not clear on who has custody what can i do since i pay most my kids expenses for the year

  • Answer:

    Without it being outlined it is very likely (although not 100% definite) that it would revert to IRS guidelines. That guideline would be... Who physically had the child at least 183 days of the year. Petition the court for modification to try to change this so that it alternates. Just because she did not work does not mean she cannot claim them.

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It is who ever has custody of the child. There is really nothing you can do unless you are the one with the custody or the both of you work out some kind of arraignment.

Whether or not she works has nothing to do with who can claim the kids. They live with her, which means SHE is their primary caregiver. SHE is the one who is responsible for ensuring they are cared for. SHE claims them, as they are her dependents. You contribute a minute fraction of what it costs to support them. When you can prove you are contributing more than she is, you can claim them. (And again, the fac that she doesn't work doesn't mean she isn't contributing more than you are. $300 doesn't begin to cover the cost of shelter, food, clothing, etc.)

You have to work something out. Legally though it's either you or her to claim the child. No one else can do so.

it has to be her unless she is living with her parents. You can't claim them if you don't have them! They have to be living with you for over 6 months for you to be able to claim them as dependents

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